Page:United States Statutes at Large Volume 124.djvu/3822

 124 STAT. 3796 PUBLIC LAW 111–350—JAN. 4, 2011 (c) INAPPLICABILITY TO CERTAIN CONTRACTS.—This section does not apply to a contract for an amount that is not greater than the simplified acquisition threshold. (d) INAPPLICABILITY WHEN GOVERNMENT TREATED SIMILARLY TO OTHER PURCHASERS.—An agreement between the contractor in a contract for the acquisition of commercial items and a subcontractor under the contract that restricts sales by the subcontractor directly to persons other than the contractor may not be considered to unreasonably restrict sales by that subcontractor to the Federal Government in violation of the provision included in the contract pursuant to subsection (a) if the agreement does not result in the Federal Government being treated differently with regard to the restriction than any other prospective purchaser of the commer- cial items from that subcontractor. § 4705. Protection of contractor employees from reprisal for disclosure of certain information (a) DEFINITIONS.—In this section: (1) CONTRACT.—The term ‘‘contract’’ means a contract awarded by the head of an executive agency. (2) CONTRACTOR.—The term ‘‘contractor’’ means a person awarded a contract with an executive agency. (3) INSPECTOR GENERAL.—The term ‘‘Inspector General’’ means an Inspector General appointed under the Inspector General Act of 1978 (5 U.S.C. App.). (b) PROHIBITION OF REPRISALS.—An employee of a contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a Member of Congress or an authorized official of an executive agency or the Department of Justice informa- tion relating to a substantial violation of law related to a contract (including the competition for, or negotiation of, a contract). (c) INVESTIGATION OF COMPLAINTS.—An individual who believes that the individual has been subjected to a reprisal prohibited by subsection (b) may submit a complaint to the Inspector General of the executive agency. Unless the Inspector General determines that the complaint is frivolous, the Inspector General shall inves- tigate the complaint and, on completion of the investigation, submit a report of the findings of the investigation to the individual, the contractor concerned, and the head of the agency. If the execu- tive agency does not have an Inspector General, the duties of the Inspector General under this section shall be performed by an official designated by the head of the executive agency. (d) REMEDY AND ENFORCEMENT AUTHORITY.— (1) ACTIONS CONTRACTOR MAY BE ORDERED TO TAKE.—If the head of an executive agency determines that a contractor has subjected an individual to a reprisal prohibited by subsection (b), the head of the executive agency may take one or more of the following actions: (A) ABATEMENT.—Order the contractor to take affirma- tive action to abate the reprisal. (B) REINSTATEMENT.—Order the contractor to reinstate the individual to the position that the individual held before the reprisal, together with the compensation (including back pay), employment benefits, and other terms and condi- tions of employment that would apply to the individual in that position if the reprisal had not been taken. (C) PAYMENT.—Order the contractor to pay the complain- ant an amount equal to the aggregate amount of all costs